Firearms Flashcards
Define firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosives and includes:
- anything that has been adapted so that it can be used to discharge a shot etc
- anything that is not at the time capable of discharging any shot etc, but with its completion or repair would be a firearm
- anything which for the time is being dismantled or partly dismantled or any especially dangerous air gun.
Define air gun
An air gun is any air pistol, air rifle, or any weapon of which, by the use of gas or compressed air (not by the force of explosive) any shot, bullet, missile or other projectile can be discharged.
Define a pistol
Any firearm that is designed or adapted to be held and fired with one hand and includes any firearm that is less than under 762mm in length.
Who may lawful posses a firearm, pistol, collections, dealers, MSSAs?
Firearm license holders Category A - firearms B - Pistols C - Collectors D - Dealers E - Military Style Semi-Automatic Firearms
What are the duties of a firearms license holder?
Keep their license legible and undamaged
Produce it to the police on demand
If not on their person, produce to a police station within 7 days
If they change their address, notify police when 30 days
Report to police in writing any theft, loss or destruction of any firearm
If any death or injuries results from the firearm and the circumstances report top police as soon as practicable
How does a person aquire a firearms licence?
A person 16 years or older decides they want a licence (16-18 need parental permission)
Application for firearm lodged with police
Sit and pass firearms test
Police conduct inquiries into the applicants suitability
Licence issued
How long does a firearms licence last?
Must be renewed every 10 years
What are your statutory powers relating to firearms?
Section 40(1)+(2) Arms Act 1983, powers to demand particulars of a person in possession of firearms, power to arrest for false details Section 18 Search an Surveillance Act 2012, powers to search and seize firearms.
What are the 2 things you should establish when speaking to someone in possession of firearms?
Whether they have a firearms licence
That have lawful and sufficient purpose to have it with them
What is meant by ‘carrying’
Physically holding the object
Inside something they are carrying in possession
Any person in occupation of land or building or;
The driver of any vehicle in which a firearm is found.
What should we do if we think a person is no longer fit to be in possession of a firearm?
Under section 18 SS Act 2012, search and seize firearm if reasonable ground to believe incapable of proper control of firearms or other reasons to believe.
What are the two defences to being in possession of firearms?
It is deemed to be in that person the firearm is founds possession unless they can prove;
It was some else’s property or
It was in someone else’s possession
What are the ingredients unlawful carrying?
Except for some lawful, proper and sufficient purpose
Carries OR in in possession of
Firearm, air gun, pistol, restricted weapon, explosives
What are the ingredients to unlawful carrying of imitation firearm?
Except for some lawful, proper and sufficient purpose
Carries
Any imitation firearm
What are the ingredients to discharging firearm without reasonable cause?
Without reasonable cause
Discharges
A firearm, air gun, pistol or restricted weapon
In or near a dwelling house OR in or near a public place
So as to endanger property, so as to endanger any person, so as to annoy any person or so as to frighten any person.
